Amin Dharmeshkumar v Secretary of State for Housing, Communities and Local Government & Anor
The correct test for permission to appeal to the Court of Appeal under s.289(6) of the Town and Country Planning Act 1990 is the first appeals test in CPR 52.6, not the second appeals test in CPR 52.7, because s.55 of the Access to Justice Act 1999 does not impliedly repeal the specific provision in s.289(6) and Parliament has not expressly required the second appeals test for this category of appeal.
Source excerpt
- Appeals
- Permission to appeal
- Statutory interpretation
- Planning enforcement